10 CFR § 431.428 - Effective dates of final rules.

---
identifier: "/us/cfr/t10/s431.428"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 431.428 - Effective dates of final rules."
title_number: 10
title_name: "Energy"
section_number: "431.428"
section_name: "Effective dates of final rules."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "D"
subchapter_name: "ENERGY CONSERVATION"
part_number: "431"
part_name: "ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6291-6317; 28 U.S.C. 2461 note."
regulatory_source: "64 FR 54141, Oct. 5, 1999, unless otherwise noted."
cfr_part: "431"
---


# 431.428 Effective dates of final rules.

(a) A final rule exempting a State standard from Federal preemption will be effective:

(1) Upon publication in the *Federal Register* if the Secretary determines that such rule is needed to meet an “energy emergency condition” within the State;

(2) Three years after such rule is published in the *Federal Register*; or

(3) Five years after such rule is published in the *Federal Register* if the Secretary determines that such additional time is necessary due to the burdens of retooling, redesign or distribution.

(b) A final rule withdrawing a rule exempting a State standard will be effective upon publication in the *Federal Register.*